The Supreme Court confirmed legitimacy of the “Procedure for analyzing the state of competition on markets”

23-06-2017 | 14:00

The Supreme Court of the Russian Federation settled a principal dispute between FAS and “Urals Radio Stations” JSC in the part of the scope of analysis of the state of competition when investigating bid-rigging cases.

According to the claimant, FAS should perfume full analysis of the state of competition on the market for all cases, including bid-rigging cartels.

In this context, the claimant asked the Court to abolish the current analysis procedure that allows not carrying out complete market analysis of collusion concern only competitive bidding.

The FAS position is that market analysis is performed for the purposes of investigating a particular case on violating the antimonopoly law and the scope of analysis, specified in the “Procedure for analyzing the state of competition on markets” (approved by No. 220 FAS Order of 28.04.2010), suffices to ascertain all case circumstances. The Court agreed with FAS arguments.

To remind, on 4 July 2016 FAS found that “Urals Radio Stations” JSC and “Komplekt” Ltd., “Tekhtorg” Ltd. and “Urals Plants” Financial-and-Industrial Group” JSC violated Clause 2 Part 1 Article 11 of No. 135-FZ Federal Law “On Protection of Competition”.

“Not being able to rebut evidence collected by FAS on the case, “Urals Radio Stations” JSC attempted to invalidate one of the documents that determine the evidence process. Thanks to the Supreme Court ruling, FAS obtained an additional argument in support of its position”, commented Head of FAS Control and Inspection Department for public defence procurement Konstantin Aleshin.

 



Site Map

News & Events Press Releases Media Releases Image Library About the FAS Russia What We Do General Information Mission, Goals, Values Priority Setting Institutional Memory Stakeholders Engagement Center for Education and Methodics Our History Our Structure Powers of Head and Deputy Heads Our Ratings GCR Using our website International Cooperation Treaties & Agreements OECD Competition Committee OECD meetings 2013 OECD meetings 2014 OECD meetings 2015 OECD meetings 2016 OECD meetings 2017 OECD meetings 2018 OECD meetings 2019 OECD meetings 2020 FAS Annual Reports OECD-GVH RCC RCC Newsletter ICAP Council on Advertising Headquarters for Joint Investigations UNCTAD 13th session IGE UNCTAD Resolution Russian contributions 14th session IGE UNCTAD Resolution Russian contributions 15th session IGE UNCTAD 16th session IGE UNCTAD 17th session IGE UNCTAD 18th session IGE UNCTAD 8th UN Conference on Competition EEU Model Law on Competition ICN BRICS BRICS Conferences Documents The BRICS Competition Law and Policy Centre (BRICS Competition Centre) BRICS Working Groups for the research of competition issues in socially important markets The Working Group for Research on the Competition Issues in the Pharmaceutical Markets Chair: Russia The Working Group for Research on food value chains Chair: South Africa The Working Group for Research on the Competition Issues in the Automobile Markets Co-chaired: India, South Africa The Working Group for Research on the Competition Issues in the Digital Markets Co-chairs: Brazil, Russia BRICS Coordination Committee on antimonopoly policy EU APEC Competition Policy and Law Group Annual meetings Projects ERRA Full Members Organizational Structure Archive Working Group on Investigating Issues on Pricing in the Oil and Oil Product Markets and Methods of their Functioning Meetings Working Group for Studying Competition Problems in the Pharmaceutical Sector Working Group on Research of Competition Issues in the Market of International Telecommunications (Roaming) Document Library Legislation Reports & Analytics Cases & decisions Contacts Give feedback Contact us Links Authorities Worldwide COVID-19